Internal analysis of corruption risks in the activities of GU "Management of energy and housing and public utilities of akimat of Kostanay region" held under the Model rules for conducting internal review of corruption risks approved by order of Chairman of Agency of the Republic of Kazakhstan for civil service Affairs and anti-corruption dated 19 October 2016 number 12.
Name of the object of internal analysis of corruption risks:
GU " Department of energy and housing and communal services of the akimat of Kostanay region "(hereinafter-the Department).
Basis for conducting an internal analysis of corruption risks:
Order of the head of the Department" on conducting an internal analysis of corruption risks " dated July 21, 2020 No. 69/1-OD.
Period of internal analysis of corruption risks:
From 22 to 24 July 2020.
Scope of the ongoing anti-corruption analysis:
From January 20, 2020 to July 22, 2020 (inclusive).
Internal analysis of corruption risks was carried out in the following areas:
1) identification of corruption risks in internal regulatory documents affecting the activities of the Department;
2) identification of corruption risks in the organizational and managerial activities of the Management.
Identification of corruption risks in internal regulatory documents affecting the Management's activities.
In carrying out its activities, the Department is guided by the Regulation approved by the decree of the akimat of Kostanay region No. 350 dated July 17, 2017, and performs the following tasks: :
1) implementation of management functions in the field of energy and housing and communal services, energy saving of the region;
2) implementation of state programs aimed at solving current and long-term tasks of strategic development, within its competence;
3) participation in the development and implementation of programs of the state energy, housing and communal policy and infrastructure development of the region;
4) in cooperation with all participants (suppliers and consumers), ensuring a stable supply of heat, electricity, water, gas, and sanitation to the region.
Also, the Department is the developer of 2 resolutions of the akimat of Kostanay region and 2 decisions of the Kostanay regional maslikhat, including:
- resolution of the akimat of Kostanay region No. 418 of September 5, 2016, registered by the Department of justice of Kostanay region on October 10, 2016 No. 6642 " on approval of consumption standards for utilities for gas supply, electricity supply, water supply, sanitation and heat supply for consumers who do not have metering devices in Kostanay region»;
- resolution of the akimat of Kostanay region No. 563 of December 25, 2015, registered by the Department of justice of Kostanay region on January 29, 2016 No. 6193 "on approval of the Rules for the provision of public services in Kostanay region»;
- decision of the Kostanay regional maslikhat No. 76 of September 25, 2012, registered by the Department of justice of the Kostanay region on November 8, 2012 No. 3877 "on approval of the Rules for the preparation and conduct of the heating season in the Kostanay region»;
- decision of Kostanay regional maslikhat No. 433 of October 4, 2019, registered by the Department of justice of Kostanay region on October 18, 2019 No. 8711 "on approval Of the rules of burial and organization of the case for the care of graves in Kostanay region»;
In accordance with article 50 SAM "On legal acts", dated 6 April 2016 No. 480-V and the Rules of carrying out legal monitoring approved by the resolution of Kazakhstan Government 29 August 2016 No. 486, Management on a monthly basis carries out legal monitoring of regulatory legal acts for developers, which they were, or within their competence for outdated, including corruption, inefficiently implemented law.
Rules for the provision of public services in Kostanay region (approved by the decree of the akimat of Kostanay region No. 563 of December 25, 2015, hereinafter-the Rules)
According to the preamble, the Rules under consideration are developed "in accordance with subparagraph 4-6) of paragraph 2 of article 10-3 of the Law of the Republic of Kazakhstan of April 16, 1997 "on housing relations" (hereinafter - the law on housing relations).
At the same time, subparagraph 4-6), which establishes the right of the Department to approve the rules for the provision of public services, is excluded from the Law "on housing relations" by the law "on amendments and additions to certain legislative acts of the Republic of Kazakhstan on housing and communal services" (dated December 26, 2019 No. 284-VI ZRK).
Thus, the current legislation excludes the direct grounds for the operation of these Rules.
However, according to subparagraph 16) of paragraph 2 of article 10-3 of the law of the Republic of Kazakhstan dated 16 April 1997 "On housing relations" the Local Executive bodies of cities of Republican significance, capital, districts, cities of regional significance develop and approve rules for providing utility services in accordance with the list of public services and the model rules of granting of utilities. The list of public utilities and Standard rules for the provision of public utilities were approved in accordance with the order of the acting Director. Minister of industry and infrastructure development of the Republic of Kazakhstan dated April 29, 2020 No. 249.
Recommendations: Given that the Department is working on setting the current rules for the provision of public services for loss, as well as on the development of new rules for the provision of public services, we recommend that you consider speeding up these procedures.
Identification of corruption risks in the organizational and managerial activities of the Department.
The analysis for 7 months showed that the Department has an approved staffing level of 31 employees, there are five vacancies.
During the reporting period, 5 employees were dismissed in the Department, 2 new employees were accepted. The main reasons for the dismissal of employees is the transition to another public position. There are no civil servants dismissed for negative reasons.
The analysis showed that over the past period, 1 employee was brought to disciplinary responsibility Department, order No. 72-l/s of may 20, 2020.
All Department employees (government employees) are verified on the basis of "Information service" of the Committee on legal statistics and special records of the General Prosecutor of the Republic of Kazakhstan according to results of the queries identified one violation for violation of the law of RK on accounting and financial statements of individuals and legal entities.
There are no disciplinary actions against employees for corruption offenses, and no criminal or administrative corruption offenses committed by employees of the Department have been established.
There is no kinship relationship between civil servants and higher-ranking officials of the Department. The facts of a conflict of interest are also not established.
In order to improve the quality of work of civil servants of the Department, meetings are held with representatives of authorized bodies in the field of public service.
In the first half of 2020, the Department registered 120 requests from individuals and legal entities, including:
- 72 requests from individuals;
- 48 requests from legal entities.
Procedures for public procurement of goods, works and services are carried out in accordance with the Law "on public procurement" dated December 4, 2015 No. 434-V and the Rules for public procurement, approved by the order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648.
53 public procurements were carried out, including:
- 3 by way of inquiry of price offers;
- 9 ways of open competition;
- 37 by way of direct conclusion (including on failed purchases);
- 4 ways of competition with the use of a special order.
The office carries out control functions in the field of energy and utilities in Almaty region, a subordinate organization of KGP PHV "Kostrioukova", the licensing function does not, government services are performed,
The analysis found that for the public available code of Ethics of public servants of Kazakhstan (Rules of office ethics of state servants), approved by decree of the President RK of December 29, 2015 No. 153 in the state and Russian languages, provided hotlines, there is also an information stand "Against corruption".
The Department conducted monitoring of the mass media to identify negative materials against civil servants of the Department. During the study period, no negative materials were found.
Based on the above, the Department of public procurement and legal support concluded that corruption risks in the activities of the Department were not identified in the above direction.
Director
State institution "Department of energy and housing
and communal services of Kostanay region akimat" D. Askarov
agreed:
Chief specialist of the Department of public
procurement and legal support
State institution "Department of energy and housing
and communal services of Kostanay region akimat" Ch. Maruar